QUESTION

What are my options to stay in US

Asked on Jul 23rd, 2015 on Immigration - Georgia
More details to this question:
Hi, My L1 visa is expiring end of august. An extension application is being filed from my current employer & hoping we would get an extension. Also, I got H1B approval this year from new employer which will be effective from October 2015. Now, my current employer is unable to find any job for me after mid august & ask me to relocate to India. So, what are my options to stay in US after Mid August? Can I resign my current employer in mid august and stay in US till my H1 job starts? Please help me & suggest me what are my available options. thanks much in advance.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Generally speaking, a nonimmigrant is supposed to maintain legal status at all times in the U. S. That means that you would have to cover the gap if your current employer dismisses you from mid-August until October 1 if you wished to stay here legally. You could conceivably request a B-2 change of status to cover the time until then. I also note that if the H-1B petition was already approved with a change of status on October 1, U.S.C.I.S. would not be looking for any other papers for you from August-October and the subject would probably only ever come up if you went overseas to obtain the visa in the passport. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 20th, 2015 at 11:27 AM

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